CNMI resident Soon Kwan Kim has filed a complaint against Kingfisher Golf Links after she fell from a golf cart and broke her thigh bone.
Kim, through attorney Cong Nie, sued Kingfisher for negligence and asked the Superior Court to award her damages to be proven at trial.
According to the complaint, on Oct. 30, 2021, Kim and a friend played golf at Kingfisher.
They paid the fees charged by Kingfisher and were provided with one of Kingfisher’s golf carts by Kingfisher’s staff.
Kim and her friend then started playing from the first hole of the golf course.
Eventually, they got to the ninth hole where they parked their golf cart at the foot of the mound.
Kim and her friend then walked up to the teeing ground at the top of the mound, and hit their balls onto the fairway.
Then they walked down the mound and got back into their golf cart, intending to ride the cart to where the balls landed on the fairway.
From where it was parked, the cart needed to turn somewhat toward the left to go around the mound and head toward the balls.
Kim sat on the passenger side. Her friend was the driver and sat on the driver’s side.
Kim’s friend then tried to start the cart by pressing on the accelerator pedal, but the cart did not move. She pressed on the accelerator pedal several times, but the cart still did not move. When she tried once again to start the cart, it suddenly jolted.
“As a result of the sudden and violent movement, the cart, instead of gently turning somewhat to the left to go around the mound, rushed up the mound. Neither Kim nor her friend expected the sudden and violent movement. As a result of the sudden and violent movement, Kim fell off of the cart,” her lawsuit stated.
It added that as a result of the fall, Kim suffered a fracture on her left femur, which led to her hospitalization at the Commonwealth Healthcare Corporation and required her to undergo surgeries.
“Because of the fracture, Kim suffered extreme pain, still suffers pain, and will continue to suffer pain,” her lawsuit stated.
“Because of the fracture, Kim has incurred expenses for her medical treatment, and will incur additional medical expenses and other life care-related expenses. Because of the fracture, Kim has been mostly confined to bed, with little mobility, and has lost enjoyment of life, and will continue to lose enjoyment of life,” the lawsuit added.
According to the lawsuit, Kingfisher failed to properly inspect and maintain the golf cart provided to Kim and her friend. “Had the golf cart been properly inspected and maintained, it would not have made the sudden and violent movement,” the lawsuit stated.
“Failing to warn Kim and her friend about the risk of sudden and violent movements of the cart —Kingfisher knew or should have known that the poorly maintained cart could move suddenly and violently,” the lawsuit added.
It further alleged that Kingfisher failed to require its customers to avoid, or warn them against, riding its golf carts near or on uneven surfaces with a significant slope, especially when the golf carts were old and poorly maintained.
Kingfisher also failed to reduce the slope and/or height of the mound where the teeing round for women of the ninth hole was located, the lawsuit stated.
Kingfisher likewise failed to install restraint bars or roll bars on its golf carts to prevent occupants from falling, or otherwise provide a golf cart with such protection to Kim, the complaint added.
Variety was unable to get a comment from Kingfisher.
